N.M. Admin. Code § 5.99.1.12

Current through Register Vol. 36, No. 1, January 14, 2025

Section 5.99.1.12 - DISTANCE EDUCATION AUTHORIZATION APPLICATION REQUIREMENTS

Institutions operating under the act shall apply for distance education authorization unless exempt pursuant to 5.99.1.10 NMAC. The department shall promulgate forms and require the institution to meet criteria as applicable to each of the following sectors:

A. Public post-secondary educational institutions must submit to department:

(1) a complete distance education authorization application set out by the department;

(2) certification of compliance with the interregional guidelines for the evaluation of distance education programs adopted by the council of regional accrediting commission;

(3) certification of compliance with the western interstate commission for higher education principles outlined in 5.99.1.20 NMAC;

(4) a surety bond or alternate form of surety in the amount of twenty percent of the gross New Mexico distance education tuition and fees revenue;

(5) current accreditation;

(6) proof that the public post-secondary educational institution has adopted a complaint procedure that complies with the department's requirements in 5.99.1.15 NMAC;

(7) certification that the public post-secondary educational institution has adopted a plan for records maintenance and retention that complies with the department's requirements in 5.99.1.21 NMAC; and

(8) a fully executed participation agreement with the department.

B. Private post-secondary educational institutions must submit to the department:

(1) a complete distance education authorization application set out by the department;

(2) certification of compliance with the interregional guidelines for the evaluation of distance education programs adopted by the council of regional accrediting commission;

(3) certification of compliance with the western interstate commission for higher education principles outlined in 5.99.1.20 NMAC;

(4) a surety bond or alternate form of surety in the amount of twenty percent of the gross New Mexico distance education tuition and fees revenue, in no case shall the bond be less than five thousand dollars ($5,000);

(5) current accreditation;

(6) financial responsibility composite score of 1.5 or above as assigned by the United States department of education in the private post-secondary educational institution's most recent fiscal report;

(7) proof that the private post-secondary educational institution has adopted a complaint procedure that complies with the department's requirements in 5.99.1.15 NMAC;

(8) certification that the private post-secondary educational institution has adopted a plan for records maintenance and retention that complies with the department's requirements in 5.99.1.21 NMAC;

(9) a fully executed participation agreement with the department; and

(10) for profit institutions with anticipated New Mexico student gross tuition revenues of one hundred thousand dollars ($100,000) or more shall submit a letter of good standing from the office of the secretary of state of New Mexico and proof of registration with the New Mexico taxation and revenue department.

N.M. Admin. Code § 5.99.1.12

Adopted by New Mexico Register, Volume XXVIII, Issue 24, December 26, 2017, eff. 12/26/2017, Adopted by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018, Amended by New Mexico Register, Volume XXXI, Issue 24, December 29, 2020, eff. 12/29/2020